RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION Sample Clauses
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. (a) All distributions of proceeds of a Liquidation shall be net of payment over to the Agents as reimbursement for all reasonable third party costs and expenses incurred by the Agents and to Lenders’ Special Counsel and to any funded reserve established pursuant to Section 13.6(a).
(b) The relative priorities to the proceeds of a Liquidation shall be distributed based on the following relative priorities:
(i) First, to the SwingLine Lender, on account of any SwingLine Loans not converted to Revolving Credit Loans pursuant to Section 13.4(a)(i); and then
(ii) Second, to pay interest due with respect to all Loans;
(iii) Third, to the Revolving Credit Lenders (other than any Delinquent Lender) and Issuer, Pro-Rata, to the unpaid principal balance of Revolving Credit Loans and any amounts owed on account of any L/Cs (including as cash collateral for any undrawn L/Cs) and fees due to the Issuer on account thereof; and then
(iv) Fourth, to the Revolving Credit Lenders (other than any Delinquent Lender), Pro-Rata, to Revolving Credit Fees, and then
(v) Fifth, to the Last Out Revolving Lenders (other than any Delinquent Lender) Pro-Rata, to the unpaid principal balance of the Last Out Revolving Loans; and then
(vi) Sixth, to the Last Out Revolving Lenders (other than any Delinquent Lender) Pro-Rata, the Last Out Lenders Fees; and then
(vii) Seventh, to any Delinquent Lenders, Pro-Rata to amounts to which such Lenders otherwise would have been entitled pursuant to Subsections 13.7(b)(iii), through 13.7(b)(vi) and then
(viii) Eighth, to Bank of America, or any of its Affiliates providing cash management services to the extent of their exposure thereto; and then
(ix) Ninth, to the Secured Parties on account of any Liabilities arising in connection with any Hedge Agreement.
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities to the proceeds of a Liquidation are as follows:
(a) To the Agent as reimbursement for all reasonable third party costs and expenses incurred by the Agent and to Lenders' Special Counsel and to any funded reserve established pursuant to Section 13.6(a); and then
(b) To the SwingLine Lender, on account of any SwingLine loans not converted to Revolving Credit Loans pursuant to Section 13.4(a)(i); and then
(c) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to the unpaid principal balance of the Revolving Credit; and then
(d) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to accrued interest on the Revolving Credit; and then
(e) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to those fees distributable hereunder to the Revolving Credit Lenders; and then
(f) To any Delinquent Revolving Credit Lenders, pro-rata to amounts to which such Revolving Credit Lenders otherwise would have been entitled pursuant to Sections 13.7(c), 13.7(d), 13.7(e); and then
(g) To the Revolving Credit Lenders, pro-rata, to the extent of the Revolving Credit Early Termination Fee; and then
(h) To any other Liabilities.
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities of security interests in the Collateral and to the proceeds of a Liquidation are as follows:
(a) With respect to the Tranche A Senior Collateral:
(i) First: to the Agents on account of Costs of Collection of the Agents with respect to, or on account of, the Tranche A Senior Collateral; and then
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities in which the proceeds of a Liquidation are to be applied are as follows:
(a) First: To the Agent as reimbursement for all Costs of Collection incurred by the Agent and to any funded reserve established pursuant to Section 14.6(a) and on account of payment of the Agency Fee.
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities to the proceeds of a Liquidation are as follows:
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. All distributions of proceeds of a Liquidation shall be applied by the Administrative Agent in the following order:
(a) First, to payment of that portion of the Liabilities constituting fees, indemnities, Costs of Collection and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and the Collateral Agent) payable to the Administrative Agent and the Collateral Agent, each in its capacity as such;
(b) Second, to payment of that portion of the Liabilities constituting indemnities, Costs of Collection, and other amounts (other than principal, interest and fees) payable to the Term Lenders (including Costs of Collection to the respective Term Lenders), Pro-Rata in proportion to the amounts described in this clause Second payable to them;
(c) Third, to payment of that portion of the Liabilities constituting accrued and unpaid interest on the Term Loans and other Obligations, and fees, Pro-Rata among the Term Lenders in proportion to the respective amounts described in this clause Third payable to them;
(d) Fourth, to payment of that portion of the Liabilities constituting unpaid principal of the Term Loans, Pro-Rata among the Term Lenders in proportion to the respective amounts described in this clause Fourth held by them;
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities to the proceeds of a Liquidation are as follows:
(a) To the Agent as reimbursement for all reasonable third party costs and expenses incurred by the Agent and to Lenders' Special Counsel and to any funded reserve established pursuant to Section 13.6(a); and then
(b) To the SwingLine Lender, on account of any SwingLine loans not converted to Revolving Credit Loans pursuant to Section 13.4(a)(i); and then
(c) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to the unpaid principal balance of the Revolving Credit and Liabilities owed to the Agent pursuant to clause (b) of the definition of Liabilities relating to cash management services; and then
(d) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to accrued interest on the Revolving Credit; and then
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. The relative priorities of security interests in the Collateral and to the proceeds of a Liquidation are as follows:
(a) First: to the Agents on account of Costs of Collection of the Agents; and then
(b) Second: To the SwingLine Lender, on account of any SwingLine loans not converted to Revolving Credit Loans pursuant to Section 18.2(b); and then
(c) Third: To the Lenders, Pro Rata, to the extent of the Liabilities. The foregoing priorities shall apply in the event any of the Borrower becomes the subject of a proceeding described in Section 10.11 of this Agreement hereof and regardless of whether the respective claims and Liens of each Lender are allowed by the court hearing such proceeding.
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. (a) The relative priorities to the proceeds of a Liquidation of Collateral (other than Term Loan Priority Collateral) are as follows: (i) Subject to Section 14:14-8(c) (which relates to the allocation of third party costs and expenses): To the Agents as reimbursement for all reasonable third party costs and expenses incurred by the Agents and to Lenders' Special Counsel and to any funded reserve established pursuant to Section 14:14-7(a); and then
RELATIVE PRIORITIES TO PROCEEDS OF LIQUIDATION. (a) All distributions of proceeds of a Liquidation shall be net of payment over to the Collateral Agents as reimbursement for all reasonable third party costs and expenses incurred by the Collateral Agents and to Lenders' Special Counsel and to any funded reserve established pursuant to Section 13.6(a).
(b) Subject to the terms of the Intercreditor Agreement and the provisions of Section 13.7(c) below, the proceeds of a Liquidation, net of those amounts described in Section 12.3(c)(iv), shall be distributed based on the following priorities:
(i) To the SwingLine Lender, on account of any SwingLine loans not converted to Revolving Credit Loans pursuant to Section 13.4(a)(i); and then
(ii) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to the unpaid principal balance of the Revolving Credit; and then
(iii) To the Revolving Credit Lenders (other than any Delinquent Revolving Credit Lender), pro-rata, to accrued interest on the Revolving Credit; and then